The veteran's request for an increased rating for low back strain was denied as his disability does not meet the criteria for a higher evaluation. The veteran's entitlement to nonservice-connected pension benefits was also denied due to his inability to secure and follow substantial gainful employment.
The deciding factor: The veteran's low back strain is currently evaluated at 10 percent, which is the maximum schedular rating available under Diagnostic Code 5295 for lumbosacral strain. His other service-connected conditions do not warrant a higher evaluation. The combined disability rating of 30 percent does not meet the criteria for total disability based on individual unemployability.
- Claimed conditions
- low back strain, degenerative joint disease of the lumbosacral spine, degenerative joint disease of the cervical spine, hyperlipidemia, erectile dysfunction
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating assigned
- 10%
- Decision date
- May 15, 2002
- Citation
- 0204541
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 0204541.
What this means for you
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Related decisions
Other Board decisions on a similar condition or argued the same way.
- Dismissed
The Veteran's claim for an earlier effective date for diabetes mellitus type II with erectile dysfunction was denied as the evidence did not show that he had been diagnosed and manifested to at least a 10 percent disability rating on or prior to May 8, 2001.
- Denied
The Board denied service connection for diabetes mellitus, prostate cancer, visual impairment, hypertension, and erectile dysfunction due to lack of exposure to herbicide agents during service. The Veteran's claims were not granted.
- Dismissed
The Veteran withdrew all his appeals, including the one for an increased rating for low back strain.
- Remanded (sent back)
The Board has found that the Veteran meets the basic medical eligibility criteria for PCAFC benefits due to his need for personal care services based on symptoms or residuals of neurological or other impairment or injury. However, further clinical evaluation is needed to determine if participation in the program is in the Veteran's best interest.
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